PCA Case No. 2016-39
IN THE MATTER OF AN ARBITRATION UNDER THE AGREEMENT BETWEEN THE
GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF BOLIVIA FOR THE
PROMOTION AND PROTECTION OF INVESTMENTS, SIGNED ON 24 MAY 1988
- and -
THE UNCITRAL ARBITRATION RULES
- between -
GLENCORE FINANCE (BERMUDA) LTD
(the “Claimant”)
- and -
THE PLURINATIONAL STATE OF BOLIVIA
(the “Respondent”, and together with the Claimant, the “Parties”)
Tribunal
Prof. Ricardo Ramírez Hernández (Presiding Arbitrator)
Prof. John Y. Gotanda
Prof. Philippe Sands
29 July 2019
[Page 2]
1. On 31 May 2019, the Tribunal issued Procedural Order No. 6, wherein it decided to proceed with a quantum phase of the proceedings notwithstanding its prior decision to bifurcate the proceedings with regard to quantum to a later phase of the proceedings, if any. The Tribunal therefore invited the Parties to confer and attempt to agree on a further procedural calendar for responsive submissions on quantum leading up to a hearing on quantum on 11-12 December 2019.
2. By e-mail of 14 June 2019 from the Claimant, confirmed by e-mail of 17 June 2019 from the Respondent, the Parties indicated that they were not available for a hearing on the dates proposed by the Tribunal. Following further exchanges of correspondence, on 4 July 2019, the Tribunal fixed 7-10 July 2020 as provisional dates for a hearing on quantum.
3. By e-mail of 23 July 2019 from the Claimant, confirmed on the same by an e-mail from the Respondent, the Parties jointly proposed a procedural calendar for the quantum phase of proceedings.
4. The Tribunal hereby adopts the procedural calendar set forth in the annex to this order.
Signature
Prof. Ricardo Ramírez Hernández
(Presiding Arbitrator)
On behalf of the Tribunal
[Page 3]
| Event | Party | Date |
|---|---|---|
| Simultaneous document production requests in the form of a Redfern Schedule (Annex 2, Procedural Order No. 2) | Both | 23 August 2019 |
| Objections to document production requests | Both | 6 September 2019 (14 days as of Document production requests) |
| Replies to Objections to production and reasoned application for an Order on production of documents | Both | 20 September 2019 (14 days as of Objections to production) |
| Tribunal’s decision on Document production | Tribunal | 30 September 2019 (10 days as of Replies to objections) |
| Production of undisputed documents and production of disputed documents pursuant to the Tribunal’s decision on Document production | Both | 14 October 2019 (14 days after Tribunal’s decision on document production requests) |
| Claimant’s Reply on quantum | Claimant | 22 January 2020 (100 days after production of documents per Tribunal order) |
| Respondent’s Rejoinder on quantum | Respondent | 30 April 2020 (100 days after Claimant’s Reply) |
| Submissions of the notifications to the witness and experts called to appear at Hearing | Both | 15 May 2020 (14 days after Respondent’s Rejoinder) |
| Pre-hearing conference call | All | To be determined |
| Hearing | All | 7-10 July 2020 (exact length and days to be confirmed) |